Motor Vehicles Act - Quantum of Compensation - Enhancement - Appeals challenging the awarded compensation for death of a 55-year-old in a vehicular accident - Held, compensation enhanced considering future prospects, loss of consortium, and updated multiplier - Enhanced compensation awarded. [Paras 10-14]
Violation of Insurance Policy Terms - Goods Carriage Vehicle - Route Permit - Gr...
Pension Scheme – Applicability and Retrospective Implementation – Appeals by the State of Uttar Pradesh against High Court's decision to grant revised pay structure and pensionary benefits to employees of the Uttar Pradesh Avas Evam Vikas Parishad (Board) as per a new pension scheme brought into force from January 1, 1996 – Supreme Court upheld the High Court's decision, ...
Service Law – Regularization – Contractual Basis – The High Court ordered regularization of the respondent who had served as a driver on a contractual basis for over ten years – Supreme Court held that mere continuation in service does not entitle an employee to regularization, especially when the initial appointment was contractual and without a selection process – T...
Land Acquisition – Lapse of Proceedings – Compensation – The appellants challenged the High Court's decision declaring the acquisition proceedings lapsed under Section 24(2) of the 2013 Act due to non-payment of compensation – Supreme Court noted that the High Court relied on the Pune Municipal Corporation case, which was later overruled by the Constitution Bench in Ind...
Land Acquisition – Market Value and Development Charges – The appeals pertain to the acquisition of land for the rehabilitation of displaced persons from villages submerged due to the Sardar Sarovar Dam – The Reference Court and High Court assessed the market value based on exemplars of smaller plots and applied deductions for development charges – Supreme Court held that m...
Income Tax – Capital Gains – Revaluation of Assets – The respondent, a partnership firm, revalued its assets and credited the revalued amount to the partners' capital accounts – The Assessing Officer (AO) considered this a transfer of capital assets and made additions towards short-term capital gains under Section 45(4) of the Income Tax Act – Supreme Court held t...
Municipal Taxation – General Tax Exemption – Appellant sought exemption from general tax for properties used for public worship or charitable purposes under Section 132(1)(b) of the Gujarat Provincial Municipal Corporations Act, 1949 – Supreme Court held that exemption under Section 132(1)(b) applies only when tax is computed based on annual rateable value under Sections 129-133,...
Additional Evidence - Scope and Permissibility - Revision petition against the First Appellate Court’s order allowing additional evidence - Held, additional evidence permissible under Order XLI, Rule 27(b) CPC if necessary for pronouncing judgment - First Appellate Court correctly allowed mutation record as it was critical to determine the coparcenary nature of the property - Revision petiti...
Motor Vehicles Act - Liability of Insurer - Appeal against award of compensation - Insurance policy cancelled due to dishonor of cheque for premium payment - Held, insurer cannot avoid liability unless policy cancellation is communicated to insured before the accident - Requisite provisions under Sections 147(4) and (5) of the Motor Vehicles Act not complied with - Appeal dismissed. [Paras 9, 11, ...
Service Law – Dismissal for Gross Negligence – CISF Constable – The respondent, a CISF Constable, was dismissed from service for gross negligence and dereliction of duty, resulting in the theft of 800 kgs of copper wires from the site where he was on duty – The High Court converted the punishment to compulsory retirement, and the Division Bench directed reinstatement with f...